Legal Opinion · Concurring in part, dissenting in part

State v. Waycaster

Court of Appeals of North Carolina

Decided August 7, 2018No. COA17-1249Published

1Concurring in part, dissenting in partMurphy, Judge

I concur with the Majority opinion as to the conviction of interfering with an electronic monitoring device, but must respectfully dissent as to the conviction of habitual felon status. State's Exhibit 4, the Automated Criminal/Infraction System (ACIS) printout used to prove one of Defendant's three convictions, was not admissible because the State did not sufficiently comply with the foundational requirements of the best evidence rule.

Under N.C. Gen. Stat. § 14-7.4, "[a] prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of…

2Cases cited6 opinions

  1. State v. MaynardSupreme Court of North Carolina · 1984
  2. Avery v. Stewart.Supreme Court of North Carolina · 1904
  3. State v. CrouchCourt of Appeals of North Carolina · 1985
  4. State v. RossCourt of Appeals of North Carolina · 2010
  5. State v. WallCourt of Appeals of North Carolina · 2000

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